75-7c01: Personal and family protection act;
citation of act.
K.S.A. 2009 Supp.
75-7c01 through 75-7c18, and amendments thereto, shall be
known and may be cited as the personal and family protection act.

History: L. 2006, ch. 32, § 1; July 1.

75-7c02: Definitions.
As used in the personal and family protection act:

(a) "Attorney general" means the attorney general of the state of Kansas.

(b) "Weapon" means handgun, pistol or revolver.

(c) "Athletic event" means athletic instruction, practice or competition
held at any location and including any number of athletes.

History: L. 2006, ch. 32, § 2; July 1.

75-7c03: License to carry concealed firearm;
issuance; form; display on demand of law enforcement officer;
reciprocity.
(a) The attorney general
shall issue licenses to carry concealed weapons to persons qualified as
provided by this act. Such licenses shall be valid throughout the state for a
period of four years from the date of issuance.

(b) The license shall be a
separate card,
in a form prescribed by the attorney general, that is approximately the size of
a Kansas driver's license and shall bear the licensee's signature, name,
address, date of birth and driver's license number or nondriver's
identification card number
except that the attorney general shall assign a unique number for military
applicants described in subsection (a)(1)(B) of K.S.A. 2009 Supp. 75-7c05, and
amendments thereto. At all times when the licensee is in actual possession
of a concealed
weapon, the licensee shall carry the license to carry concealed weapons which
shall
constitute
the license to carry a concealed weapon. On demand of a law enforcement
officer, the licensee shall display the license to
carry a concealed weapon and
proper identification. Verification by a law
enforcement
officer that a person holds a valid license to carry a concealed weapon may be
accomplished by a record check using the person's
driver's
license information or the person's concealed carry license number.

The license of any person who violates the provisions of this subsection
shall
be
suspended for not less than 30 days upon the first violation and shall be
revoked for not less than
five years upon the second or a subsequent violation.

(c) A valid license, issued by any other state or the District of Columbia,
to carry concealed weapons shall be recognized
as valid in this state,
but only while the holder is not a resident of Kansas, if the attorney general
determines that standards for issuance of such
license or permit by such state or district are equal to or greater than the
standards imposed by this act. The attorney general shall maintain and publish
a list of such states and district which the attorney general determines have
standards equal to or greater than the standards imposed by this act.

75-7c04: Same; qualifications; weapons safety and
training course.
(a) The attorney general shall issue a
license
pursuant to this act if the
applicant:

(1) Is a resident of the county where application for licensure is made and
has been a resident of the state for six months or more immediately preceding
the filing of the application, residency to be determined in accordance with
K.S.A. 77-201, and amendments thereto;

(2) is 21 years or more of age;

(3) does not suffer from a physical infirmity which prevents the safe
handling of a weapon;

(4) (A) has been convicted or placed on diversion for an act that
constitutes a felony under the laws of this state or any other jurisdiction
and: (i) Such felony is expungeable pursuant to K.S.A. 21-4619, and amendments
thereto, or similar provision from another jurisdiction; (ii) such felony has
been expunged; and (iii) the requirements of subsection (d) are otherwise met;

(B) has not been convicted or placed on diversion, in this or any other
jurisdiction, for an act that constitutes a felony under the laws of this state
and such felony is not subject to expungement pursuant to K.S.A. 21-4619, and
amendments thereto, or adjudicated, in this or any other jurisdiction, of
committing as a juvenile an act that would be a felony under the laws of this
state if committed by an adult;

(5) has never been convicted, in this or any other jurisdiction, for an
act that constitutes a misdemeanor crime of domestic violence, as defined by 18
U.S.C. 921(a)(33)(A) or adjudicated, in this or any other jurisdiction, of
committing as a juvenile an act that would be a misdemeanor crime of domestic
violence under 18 U.S.C. 921(a)(33)(A) if committed by an adult;

(6) has not been, during the five years immediately
preceding the date the
application is submitted: (A) Convicted or placed on diversion, in this or
any
other jurisdiction, for an act that constitutes a misdemeanor
under the provisions of
K.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments
thereto,
or adjudicated, in this or any other jurisdiction, of committing as a juvenile
an act that would be a misdemeanor under such act if committed by an adult; (B)
convicted or placed on diversion, in this or any
other jurisdiction, two or more times for an act that constitutes a violation
of K.S.A. 8-1567, and amendments thereto; (C) convicted or
placed on diversion,
in this or any other jurisdiction, for an act that constitutes a domestic
violence misdemeanor under any municipal ordinance or article 34 or 35 of
chapter 21 of the Kansas Statutes
Annotated or adjudicated, in this or any other jurisdiction, of committing as a
juvenile an act that would be a domestic violence misdemeanor under article 34
or 35 of chapter 21 of the Kansas Statutes Annotated if committed by an adult;
or (D) convicted or placed on diversion, in this or any other
jurisdiction, for
an act that constitutes a violation of
K.S.A. 2009 Supp. 75-7c12, and amendments thereto, or a
violation of subsection (a)(4) of K.S.A. 21-4201, and amendments thereto, or
adjudicated, in this or any other jurisdiction, of committing as a juvenile an
act that would be a violation of K.S.A. 2009 Supp. 75-7c12, and
amendments thereto, or a violation of subsection (a)(4)
of K.S.A. 21-4201, and amendments thereto, if committed by an adult;

(7) has not been charged with a crime which would render
the applicant, if
convicted, ineligible for a license or, if so charged, final disposition of the
charge has occurred and no other charges are pending which would cause the
applicant to be ineligible for a license;

(8) has not been ordered by a court to receive treatment
for
mental
illness pursuant to K.S.A. 59-2966, and amendments thereto, or for an alcohol
or substance abuse problem pursuant to K.S.A. 59-29b66, and amendments thereto,
or, if a court has ordered such treatment, has not been issued a certificate of
restoration pursuant to K.S.A. 2009 Supp. 75-7c26, and amendments thereto, not
less than five
years before the date of the application;

(9) desires a legal means to carry a concealed weapon for
lawful
self-defense;

(10) except as provided by subsection (g)
of
K.S.A. 2009 Supp. 75-7c05, and amendments
thereto, presents evidence satisfactory to the attorney general that the
applicant has satisfactorily completed a weapons safety and training course
approved by the attorney general pursuant to subsection (b);

(11) has not been adjudged a disabled person under the act
for obtaining a
guardian or conservator, or both, or under a similar law of another state or
the District of Columbia, unless the applicant was ordered restored to capacity
three or more years before the date on which the application is submitted;

(12) has not been dishonorably discharged from military
service;

(13) is a citizen of the United States;

(14) is not subject to a restraining order issued under
the protection from
abuse act, under the protection from stalking act or pursuant to K.S.A.
60-1607, K.S.A. 2009 Supp. 38-2242, 38-2243 or 38-2255,
and amendments thereto, or any
equivalent
order entered in another state or jurisdiction which is entitled to full faith
and credit in Kansas;

(15) is not in contempt of court in a child support
proceeding;

(16) has not attempted to commit suicide in the five years immediately
preceding application; and

(17) has not been adjudicated as a mental defective or committed to a mental
institution.

(b) (1) The attorney general shall adopt rules and regulations
establishing procedures and standards as authorized by this act for an
eight-hour weapons safety and training course required by this section. Such
standards shall include: (A) A requirement that trainees receive training in
the safe storage of weapons, actual firing of weapons and instruction in the
laws of this state governing the carrying of a concealed weapon and the use of
deadly force; (B) general guidelines for courses which are compatible with the
industry standard for basic firearms training for civilians; (C) qualifications
of instructors; and (D) a requirement that the course be: (i) A weapons course
certified or sponsored by the attorney general; or (ii) a weapons course
certified or sponsored by the national rifle association or by a law
enforcement agency, college, private or public institution or organization or
weapons training school, if the attorney general determines that such course
meets or exceeds the standards required by rules and regulations adopted by the
attorney general and is taught by instructors certified by the attorney general
or by the national rifle association, if the attorney general determines that
the requirements for certification of instructors by such association meet or
exceed the standards required by rules and regulations adopted by the attorney
general. Any person wanting to be certified by the attorney general as an
instructor
shall submit to the
attorney general an application in the form required by the attorney general
and a fee not to
exceed $150.

(2) The cost of the weapons safety and training course required by this
section shall be paid by the applicant. The following shall constitute
satisfactory evidence of satisfactory completion of an approved weapons safety
and training course: (A) Evidence of completion of the course, in the form
provided by rules and regulations adopted by the attorney general; or (B) an
affidavit from the instructor, school, club, organization or group that
conducted or taught such course attesting to the completion of the course by
the applicant.

(c) In addition to the requirements of subsection (a), a person holding a
license pursuant to this act, prior to renewal of the license provided herein,
shall submit evidence satisfactory to the attorney general that the licensee
has requalified by completion of an approved course given by an instructor of
an approved weapons safety and training course under subsection (b).

(d) If an applicant has had a conviction or diversion described in
subsection
(a)(4)(A) or (a)(6) expunged pursuant to K.S.A. 12-4516 or 21-4619, and
amendments thereto, or similar provision from another jurisdiction, and the
applicant has been eligible for expungement for five years or more immediately
preceding the date the application for licensure is submitted, the applicant
shall not be disqualified from being issued a license if the applicant is
otherwise qualified for licensure pursuant to this section and eligible to
possess a firearm under state and federal law.

(e) For purposes of this section: (1) "Adjudicated as a mental defective"
means a determination by a court, board, commission or other lawful authority
that a person, as a result of marked subnormal intelligence, or mental illness,
incompetency, condition or disease: (A) Is a danger to the person's self or to
others; or (B) lacks the mental capacity to contract or manage the person's own
affairs. "Adjudicated as a mental defective" shall include a finding of
insanity by a court in a criminal case, and those persons found incompetent to
stand trial or found not guilty by reason of lack of mental responsibility
pursuant to articles 50a and 72b of the United States uniform code of military
justice.

(2) (A) "Committed to a mental institution" means a formal commitment of a
person to a mental institution by a court, board, commission or other lawful
authority. "Committed to a mental institution" includes a commitment to a
mental institution involuntarily, commitment for mental defectiveness or mental
illness and commitments for other reasons, such as for drug use.

(B) "Committed to a mental institution" shall not include a person in a
mental institution for observation or a voluntary admission to a mental
institution.

75-7c05: Same; application; fees; fingerprints;
sheriff's report; criminal history records report; issuance or denial of
license; requirements for retired law
enforcement officers.
(a) The application for a license pursuant to this act
shall
be completed, under oath, on a form prescribed by the attorney general and
shall only include:

(1) (A) Subject to the provisions of subsection (a)(1)(B), the name,
address, social security number, Kansas driver's
license
number or Kansas nondriver's license identification number, place and date
of birth and
occupation of the applicant; (B) in the case of an applicant who presents
proof that such person is on active duty with any branch of the armed forces of
the United States and who does not possess a Kansas driver's license or Kansas
nondriver's license identification, the number of such license or
identification shall not be required;

(2) a statement that the applicant is in compliance with criteria contained
within
K.S.A. 2009 Supp.
75-7c04, and amendments thereto;

(3) a waiver of the confidentiality of such mental health and medical records
as necessary to determine the applicant's qualifications under subsection
(a)(8) of
K.S.A. 2009 Supp.
75-7c04, and
amendments thereto;

(4) a statement that the applicant has been furnished a copy of this act and
is knowledgeable of its provisions;

(5) a conspicuous warning that the application is executed under oath and
that a false answer to any question, or the submission of any false document by
the applicant, subjects the applicant to criminal prosecution under K.S.A.
21-3805, and amendments thereto; and

(6) a statement that the applicant desires a concealed weapon license as a
means of lawful self-defense.

(b) The applicant shall submit to the sheriff of the county where the
applicant resides, during any normal business hours:

(1) A completed application described in subsection (a);

(2) except as provided by subsection (g), a nonrefundable
license fee of $150, if the applicant has not
previously been issued
a statewide license or if the applicant's license has permanently expired,
which fee shall be in the form of two cashier checks or money orders of $40
payable to the sheriff of the county where the applicant resides and $110
payable to the attorney general;

(3) a photocopy of a certificate or an affidavit or
document as described in subsection (b) of
K.S.A. 2009 Supp.
75-7c04, and amendments thereto; and

(4) a full frontal view photograph of the applicant taken
within the preceding 30 days.

(c) (1) The sheriff, upon receipt of the items listed in subsection (b) of
this section or subsection (a) of
K.S.A. 2009 Supp.
75-7c08,
and amendments thereto, shall provide for the full set of fingerprints of the
applicant to be taken and forwarded to the attorney general for purposes of a
criminal history records check as provided by subsection (d). In addition, the
sheriff shall forward to the attorney general a copy of the
application and the portion of
the original or renewal license fee which is payable to the attorney
general. The cost of taking such fingerprints shall be included in the portion
of the fee retained by the sheriff.

(2) The sheriff of the applicant's county of residence or the chief law
enforcement officer of any law enforcement agency, at the sheriff's or
chief law enforcement officer's
discretion, may participate in the process by submitting a voluntary report to
the attorney general containing readily discoverable information, corroborated
through public records, which, when combined with another enumerated factor,
establishes that the applicant poses a significantly greater threat to law
enforcement or the public at large than the average citizen. Any such voluntary
reporting shall be made within 45 days after the date the sheriff receives the
application. Any sheriff or chief law enforcement officer submitting a
voluntary
report shall not incur any civil or criminal liability as the result of the
good faith submission of such report.

(3) All funds retained by the sheriff pursuant to the provisions of this
section shall be
credited to a special fund of the sheriff's office which shall be used
solely for law enforcement and criminal prosecution purposes and which shall
not be used as a source of revenue to meet normal operating expenses
of the sheriff's office.

(d) Each applicant shall be subject to a state and national criminal history
records check which conforms to applicable federal standards for the purpose of
verifying the identity of the applicant and whether the applicant has been
convicted of any crime that would disqualify the applicant from holding a
license under this act. The attorney general is authorized to use the
information obtained from the national criminal history record check to
determine the applicant's eligibility for such license.

(e) Within
90
days after the date of receipt of the items listed in subsection (b), the
attorney general shall:

(1) Issue the license and certify the issuance to the department of
revenue; or

(2) deny the application based solely on: (A) The report submitted by the
sheriff or other chief law enforcement officer under subsection (c)(2)
for good cause shown therein; or (B) the ground
that the applicant fails to qualify under the criteria listed in
K.S.A. 2009 Supp.
75-7c04, and amendments thereto. If the attorney
general denies the application, the attorney general shall notify the applicant
in writing, stating the ground for denial and informing the applicant the
opportunity for a hearing pursuant to the Kansas
administrative procedure act.

(f) Each person issued a license shall pay to the department of revenue
fees for
the cost of the
license and the photograph to be placed on the license, which shall be in
amounts equal to the
fees required pursuant to K.S.A. 8-243 and 8-246, and amendments thereto, for a
driver's license
photograph and replacement of a driver's license.

(g) A person who is a retired law enforcement officer, as
defined in K.S.A.
21-3110, and amendments thereto, shall be: (1)
Required to pay an original license fee of $100, which fee shall be
in the form of two cashier checks or money orders, $40 payable to the sheriff
of the county where the applicant resides and $60 payable to the attorney
general, to be forwarded by the sheriff to the attorney general; (2)
exempt
from the required completion of a weapons safety and training course if such
person was certified by the Kansas law enforcement training commission not more
than eight years prior to submission of the application; (3) required to pay
the license renewal fee; (4) required to pay to the department of
revenue the fees required by subsection (f); and (5) required to comply
with the criminal history
records check requirement of this section.

75-7c06: Same; records related to licenses,
disclosure; address change or loss or destruction of license,
requirements.
(a) The attorney general shall be the official custodian
of all records relating to licenses issued pursuant to the personal and family
protection act.

(b) Except as provided by subsections (c) and (d), records relating to
persons
issued licenses pursuant
to this act, persons applying for licenses pursuant to this act or persons who
have had a license denied pursuant to this act shall be
confidential and shall not be disclosed in a manner which enables
identification of any such person. Any disclosure of a record in violation of
this subsection is a class A misdemeanor.

(c) Records of a person whose license has been suspended or revoked
pursuant to this act shall be subject to public inspection in accordance with
the open records act.

(d) The attorney general shall maintain an automated
listing
of license holders and pertinent information, and such information shall be
available, upon request, at all times to all law enforcement agencies in this
state, other states and the District of Columbia.

(e) Within 30 days after the changing of a permanent
address, or within 30
days after having a license lost or destroyed, the licensee shall notify the
attorney general of such change, loss or destruction. The attorney general,
upon notice and opportunity for hearing in accordance with the
provisions of the Kansas administrative procedure act, may order a licensee
to pay a fine of not more than
$100, or may suspend the licensee's license for not more than 180 days, for
failure to notify the attorney general pursuant to the provisions of this
subsection.

(f) In the event that a concealed weapon license is lost or
destroyed, the
license shall be automatically invalid, and the person to whom the license was
issued, upon payment of $15 to the attorney general, may obtain a duplicate, or
substitute thereof, upon furnishing a notarized statement to the attorney
general that such license has been lost or destroyed.

History: L. 2006, ch. 32, § 6; L. 2006, ch. 210, § 4;
July 1.

75-7c07: Same; denial, revocation or
suspension.
(a) In accordance with the
provisions of the Kansas administrative procedure act, the attorney general
shall deny a license to any applicant for license who is ineligible under
K.S.A. 2009 Supp.
75-7c04, and amendments thereto, and, except as
provided by subsection (b), shall
revoke at any time the license of any person who would be
ineligible under
K.S.A. 2009 Supp.
75-7c04, and amendments
thereto, if submitting an application for a license at such time or who fails
to submit evidence of completion of a weapons safety and training
course as required by subsection (c) of
K.S.A. 2009 Supp.
75-7c04, and amendments thereto. Any review by the district
court in
accordance with the act for judicial review and civil enforcement of agency
actions shall be in Shawnee county. The revocation
shall remain in effect pending any
appeal
and shall not be stayed by the court.

(b) The license of a person who would be ineligible pursuant to subsection
(a)(6) of
K.S.A. 2009 Supp.
75-7c04, and amendments thereto, shall
be subject to suspension and shall be reinstated upon final disposition of the
charge as long as the person is otherwise eligible for a license.

(c) The sheriff of the county where a restraining order is
issued that would
prohibit issuance of a license under subsection (a) (13) of
K.S.A. 2009 Supp.
75-7c04, and
amendments thereto, shall notify the attorney general immediately upon receipt
of such order. If the person subject to the restraining order holds a license
issued pursuant to this act, the attorney general immediately shall revoke such
license upon receipt of notice of the issuance of such order. The attorney
general shall adopt rules and regulations establishing procedures which allow
for 24-hour notification and revocation of a license under the circumstances
described in this subsection.

History: L. 2006, ch. 32, § 7; L. 2006, ch. 210, § 5;
July 1.

75-7c08: Same; renewal; fees; permanent expiration,
when.
(a) Not less than 90 days prior to the expiration date of
the license, the attorney general shall mail to the licensee a written notice
of the expiration and a renewal form prescribed by the attorney general. The
licensee shall renew the license on or before the expiration date by filing
with the sheriff of the applicant's county of residence the renewal form, a
notarized affidavit stating that the licensee remains qualified pursuant to the
criteria specified in
K.S.A. 2009 Supp.
75-7c04, and
amendments thereto, a full frontal view
photograph of the applicant taken within the preceding 30 days and a
nonrefundable license renewal fee of $100 which
fee shall be in the form of two cashier checks or money orders, one of $50
payable to the sheriff of the county where the applicant resides and one of $50
payable to the attorney general. The
license shall be
renewed upon receipt of the completed renewal application and appropriate
payment of fees. A licensee who fails to file a renewal application on or
before the expiration date of the license must pay an additional late fee of
$15.

(b) If the licensee is qualified as provided by this act, the license shall
be renewed upon receipt by the attorney general of the items listed in
subsection (a).

(c) No license shall be renewed six months or more after the expiration date
of the license, and such license shall be deemed to be permanently expired. A
person whose license has been permanently expired may reapply for licensure but
an application for licensure and fees pursuant to
K.S.A. 2009 Supp.
75-7c05, and amendments
thereto, shall be submitted, and a background investigation shall be conducted
pursuant to the provisions of that section.

History: L. 2006, ch. 32, § 8; L. 2006, ch. 210, § 6;
July 1.

75-7c09: False statements, warning on
application.
The application form for an original license and for a
renewal license shall include, in a conspicuous place, the following: "WARNING:
A false statement on this application
may subject the applicant to prosecution for the crime of perjury (K.S.A.
21-3805, and amendments thereto)."

History: L. 2006, ch. 32, § 9; July 1.

75-7c10: Same; posted places where carrying
concealed weapon not authorized; penalties for violations.
(a) Provided that the premises are conspicuously posted
in accordance with rules
and regulations adopted by the attorney general
as premises where
carrying a concealed weapon is prohibited, no license issued pursuant to
this act shall authorize
the licensee to carry a concealed weapon into:

(1) Any place where an activity declared a common nuisance by K.S.A. 22-3901,
and amendments thereto, is maintained;

(2) any police, sheriff or highway patrol station;

(3) any detention facility, prison or jail;

(4) any courthouse;

(5) any courtroom, except that nothing in this section would preclude a judge
from carrying a concealed weapon or determining who will carry a concealed
weapon in the judge's courtroom;

(6) any polling place on the day an election is held;

(7) any meeting of the governing body of a county, city or other political or
taxing subdivision of the state, or any committee or subcommittee thereof;

(8) on the state fairgrounds;

(9) any state office building;

(10) any athletic event not related to or involving firearms which is
sponsored by a private or public elementary or secondary school or any private
or public institution of postsecondary education;

(11) any professional athletic event not related to or involving firearms;

(12) any portion of a drinking establishment as defined by K.S.A. 41-2601,
and amendments thereto, except that this provision shall not apply to a
restaurant as defined by K.S.A. 41-2601, and amendments thereto;

(19) any public library operated by the state or by a political subdivision
of the state;

(20) any day care home or group day care home, as defined in Kansas
administrative regulation 28-4-113, or any preschool or childcare center, as
defined in Kansas administrative regulation 28-4-420;

(21) any church or temple; or

(22) any place in violation of K.S.A. 21-4218, and amendments thereto.

(b) (1) Violation of this section is a class A misdemeanor.

(2) Notwithstanding the provisions of subsection (a), it is not a
violation of this section for the United States attorney for the district of
Kansas, the attorney general, any district attorney or county attorney,
any assistant United States attorney if authorized by the United States
attorney for the district of Kansas, any assistant attorney general if
authorized by the attorney general, or any assistant district attorney or
assistant county attorney if authorized by the district attorney or county
attorney by whom such assistant is employed, to possess a firearm
within any county courthouse or court-related facility, subject to any
restrictions or prohibitions imposed in any courtroom by the chief judge
of the judicial district. The provisions of this paragraph shall not apply
to any person not in compliance with K.S.A. 2009 Supp. 75-7c19, and amendments
thereto.

75-7c11: Same; restrictions on carrying on certain
property, when; penalties for violations; posting of property.
(a) Nothing in this act shall be construed to prevent:

(1) Any public or private employer from restricting or prohibiting by
personnel policies persons licensed under this act from
carrying
a concealed weapon while on the premises of the employer's business or while
engaged in the duties of the person's employment by the employer, except
that no employer may prohibit
possession of a firearm in a private means of conveyance, even if parked on the
employer's premises; or

(2) any private business
or city, county or
political
subdivision
from restricting or prohibiting persons licensed under this act from
carrying a concealed weapon within a building
or buildings of such entity, provided that the premises
are posted, in accordance with rules and regulations adopted
by the attorney general pursuant to this section, as premises where
carrying a concealed weapon is
prohibited.

(b) (1) Carrying a concealed weapon in violation of any
restriction
or prohibition allowed by subsection (a), if
the premises are posted in accordance with rules and
regulations adopted by the attorney general, is a class B misdemeanor.

(2) Notwithstanding the provisions of subsection (a)(2), it is not a
violation of this section for the United States attorney for the district of
Kansas, the attorney general, any district attorney or county attorney,
any assistant United States attorney if authorized by the United States
attorney for the district of Kansas, any assistant attorney general if
authorized by the attorney general, or any assistant district attorney or
assistant county attorney if authorized by the district attorney or county
attorney by whom such assistant is employed, to possess a firearm
within any county courthouse or court-related facility, subject to any
restrictions or prohibitions imposed in any courtroom by the chief judge
of the judicial district. The provisions of this paragraph shall not apply
to any person not in compliance with K.S.A. 2009 Supp. 75-7c19, and amendments
thereto.

(c) The attorney general shall adopt rules and regulations prescribing the
location,
content, size and other characteristics of signs to be posted on premises
where carrying a concealed weapon is prohibited
pursuant to subsection (a) of
K.S.A. 2009 Supp. 75-7c10 and paragraph (2) of subsection (a) of
K.S.A. 2009 Supp. 75-7c11 and amendments thereto.

75-7c12: Carrying concealed weapon while under
influence of alcohol or drugs prohibited; evidence; testing; revocation of
license, when.
(a) It is a class A nonperson misdemeanor for a
person
licensed pursuant to this act to carry a concealed weapon while under the
influence of alcohol or drugs, or both.

(b) In any criminal prosecution for carrying a concealed weapon while
under
the influence
of alcohol or drugs, or both, evidence of the concentration of alcohol or
drugs in the defendant's
blood, urine, breath or other bodily substance may be admitted and shall give
rise to the
following:

(1) If the alcohol concentration is less than .08, that fact may be
considered with other
competent evidence to determine if the defendant was under the influence of
alcohol, or both
alcohol and drugs.

(2) If the alcohol concentration is .08 or more, it shall be prima facie
evidence that the
defendant was under the influence of alcohol.

(3) If there was present in the defendant's bodily substance any narcotic,
hypnotic,
somnifacient, stimulating or other drug which has the capacity to render the
defendant
incapacitated, that fact may be considered to determine if the defendant was
under the influence of drugs, or both alcohol and drugs.

(c) The provisions of subsection (b) shall not be construed as limiting the
introduction of
any other competent evidence bearing upon the question of whether or not the
defendant was
under the influence of alcohol or drugs, or both.

(d) Any person licensed pursuant to this act is deemed to have given
consent
to submit to one or more tests of the person's blood, breath, urine or other
bodily substance to determine the presence of alcohol or drugs. The testing
deemed consented to under this subsection shall include all quantitative and
qualitative tests for alcohol and drugs. A law enforcement officer shall
request a person to submit to a test or tests deemed consented to under this
subsection if such person is arrested or otherwise taken into custody for any
offense involving carrying of a concealed weapon while under the influence of
alcohol or drugs, or both, in violation of this section and the arresting
officer has reasonable grounds to believe that prior to arrest the person was
carrying a concealed weapon under the influence of alcohol or drugs, or both.
The test or tests shall be administered in the manner provided by for
administration of tests for alcohol or drugs pursuant to K.S.A. 8-1001, and
amendments thereto, and the person performing or assisting in the performance
of any such test and the law enforcement officer requesting any such test shall
be immune from civil and criminal liability to the same extent as in the case
of tests performed pursuant to that statute.

(e) Before a test or tests are administered under this section, the person
shall be given oral and written notice that:

(1) Kansas law requires the person to submit to and complete one or more
tests of breath, blood or urine to determine if the person is under the
influence of alcohol or drugs, or both;

(2) the opportunity to consent to or refuse a test is not a
constitutional right;

(3) there is no constitutional right to consult with an attorney regarding
whether to submit to testing;

(4) if the person refuses to submit to and complete any test of breath, blood
or urine hereafter requested by a law enforcement officer, the person's license
to carry a concealed weapon will be revoked for a minimum of three years; and

(5) after the completion of the testing, the person has the right to consult
with an attorney and may secure additional testing, which, if desired, should
be done as soon as possible and is customarily available from medical care
facilities and physicians.

(f) After giving the foregoing information, a law enforcement officer shall
request the person to submit to testing. The selection of the test or tests
shall be made by the officer. If the person refuses to submit to and complete a
test as requested pursuant to this section, additional testing shall not be
given unless the law enforcement officer has probable cause to believe that the
person while under the influence of alcohol or drugs, or both, was carrying a
concealed weapon used in killing or seriously injuring another person. If the
test results show a blood or breath alcohol concentration of .08 or greater,
the person's license to carry a concealed weapon shall be subject to suspension
or revocation pursuant to this act.

(g) The person's refusal shall be admissible in evidence against the person
at any trial on a charge arising out of carrying a concealed weapon while under
the influence of alcohol or drugs, or both.

(h) Failure of a person to provide an adequate breath sample or samples as
directed shall constitute a refusal unless the person shows that the failure
was due to physical inability caused by
a medical condition unrelated to any ingested alcohol or drugs.

(i) (1) If the person refuses to submit to testing when requested
pursuant
to
this section,
the person's weapon and license shall be seized by the law enforcement officer
and the person's
license shall be forwarded to the attorney general, together with the officer's
certification of the
following: (A) There existed reasonable grounds to believe the person was
carrying a concealed
weapon while under the influence of alcohol or drugs, or both, and a statement
of such grounds; (B) the person
had been placed
under arrest or was in custody; (C) a law enforcement officer had presented the
person with the
oral and written notice required by this section; and (D) the person refused to
submit to and
complete a test as requested by a law enforcement officer.

(2) If the person fails a test administered pursuant to this section, the
person's weapon
and license shall be seized by the law enforcement officer and the person's
license shall be
forwarded to the attorney general, together with the officer's certification of
the following: (A)
There existed reasonable grounds to believe the person was carrying a concealed
weapon while
under the influence of alcohol or drugs, or both; (B) the person had been
placed under arrest or
was in custody; (C) a law enforcement officer had presented the person with the
oral and written
notice required by K.S.A. 8-1001, and amendments thereto; and (D) the result of
the test showed
that the person had an alcohol concentration of .08 or greater in such person's
blood or breath.

(3) With regard to failure of a breath test, in addition to those matters
required to be
certified under subsection (h)(2), the law enforcement officer shall certify
that: (A) The testing
equipment used was certified by the Kansas department of health and
environment; (B) the
testing procedures used were in accordance with the requirements set out by the
Kansas
department of health and environment; and (C) the person who operated the
testing equipment
was certified by the Kansas department of health and environment to operate
such equipment.

(4) For purposes of this subsection, certification shall be complete upon
signing, and no
additional acts of oath, affirmation, acknowledgment or proof of execution
shall be required. The
signed certification or a copy or photostatic reproduction thereof shall be
admissible in evidence in
all proceedings brought pursuant to this act, and receipt of any such
certification, copy or
reproduction shall accord the department authority to proceed as set forth
herein. Any person who
signs a certification submitted to the attorney general knowing it contains a
false statement is guilty
of a class B nonperson misdemeanor.

(5) Upon receipt of a certification in accordance with this section, the
attorney general
shall revoke the person's license for three years.

(j) It shall not be a defense that the person did not understand the written
or oral notice required by this section.

(k) No test results shall be suppressed because of technical irregularities
in the consent or notice required pursuant to this act.

(l) Nothing in this section shall be construed to limit the admissibility at
any trial of alcohol or drug concentration testing results obtained pursuant to
a search warrant.

(m) Upon the request of any person submitting to testing under this section,
a report of the results of the testing shall be made available to such
person.

History: L. 2006, ch. 32, § 12; L. 2006, ch. 210, § 9;
July 1.

75-7c13: Concealed weapon licensure fund; uses of
moneys.
(a) All moneys received by the attorney general pursuant to
this act shall be remitted to the state treasurer who shall deposit the entire
amount in the state treasury and credit it to the concealed weapon licensure
fund, which is hereby created in the state treasury.

(b) Moneys in the concealed weapon licensure fund shall be used only for:
(1) Payment of the expenses of administration of the personal and family
protection act; and (2) transfers to the county law enforcement equipment fund
and to the forensic laboratory and materials fee fund as provided by subsection
(e).

(c) On or before the 10th day of each month, the director of accounts and
reports shall transfer from the state general fund to the concealed weapon
licensure fund the amount of money certified by the pooled money investment
board in accordance with this subsection. Prior to the 10th day of each month,
the pooled money investment board shall certify to the director of accounts and
reports the amount of money equal to the proportionate amount of all the
interest credited to the state general fund for the preceding month, pursuant
to K.S.A. 75-4210a, and amendments thereto, that is attributable to moneys in
the concealed weapon licensure fund. Such amount of money shall be determined
by the pooled money investment board based on: (1) The average daily balance of
moneys in the concealed weapon licensure fund for the preceding month; and (2)
the net earnings for the pooled money investment portfolio for the preceding
month.

(d) All expenditures from the concealed weapon licensure fund shall be made
in accordance with appropriation acts upon warrants of the director of accounts
and reports issued pursuant to vouchers approved by the attorney general for
the purposes set forth in this section.

(e) The attorney general shall certify to the director of accounts and
reports on each July 1 and January 1 after moneys are first credited to the
concealed weapons licensure fund the amount of moneys in such fund needed to
administer this act. On or before the 15th day of each month after moneys are
first credited to the concealed weapons licensure fund, the director of
accounts and reports shall transfer moneys in the concealed weapons licensure
fund as follows: (1) Of the amount in excess of the amount certified by the
attorney general, 20% shall be credited to the county law enforcement equipment
fund; and (2) the remaining 80% shall be credited to a separate account in the
forensic laboratory and materials fee fund cited in K.S.A. 28-176, and
amendments thereto, to be used solely to assist city and county law enforcement
agencies to obtain prompt laboratory services from the bureau. Moneys credited
to the forensic laboratory and materials fee fund as provided by this
subsection shall be used to supplement existing appropriations and shall not be
used to supplant general fund appropriations to the attorney general.

History: L. 2006, ch. 32, § 13; July 1.

75-7c14: County law enforcement equipment fund; uses
of moneys.
(a) There is hereby created in the state treasury the county
law enforcement equipment fund.

(b) Moneys in the county law enforcement equipment fund shall be used only to
fund grants to sheriffs' departments for purchases of law enforcement equipment
other than motor vehicles. Such grants shall be administered by the attorney
general. Such grants shall be based on applications submitted by sheriffs'
departments that demonstrate the need for the equipment for which the grant is
sought and substantiate that grant moneys will not be used to supplant existing
funding of the recipient sheriff's department.

(c) On or before the 10th day of each month, the director of accounts and
reports shall transfer from the state general fund to the county law
enforcement equipment fund interest earnings based on: (1) The average daily
balance of moneys in the county law enforcement equipment fund for the
preceding month; and (2) the net earnings rate of the pooled money investment
portfolio for the preceding month.

(d) All expenditures from the county law enforcement equipment fund shall be
made in accordance with appropriation acts upon warrants of the director of
accounts and reports issued pursuant to vouchers approved by the attorney
general for the purposes set forth in this section.

History: L. 2006, ch. 32, § 14; July 1.

75-7c15: Liability insurance, persons conducting
weapons safety and training courses.
The committee on surety bonds and insurance, within the
limitations of appropriations made therefor, shall purchase such liability
insurance as it deems necessary for the protection of persons engaged in
conducting an approved weapons safety and training course against any liability
for injuries or damages arising from the conducting of such course of
instruction by such persons.

History: L. 2006, ch. 32, § 15; July 1.

75-7c16: Rules and regulations; annual
report.
(a) The attorney general shall adopt such rules and
regulations as necessary to administer the provisions of this act.

(b) On or before January 1 of each year, the attorney general shall submit a
statistical report to the governor, president of the senate, the senate
minority leader, the speaker of the house of representatives and the house
minority leader indicating the number of licenses issued, revoked, suspended
and denied during the preceding fiscal year
and the reasons for the
revocations, suspensions and denials.

History: L. 2006, ch. 32, § 16; July 1.

75-7c17: Legislative findings regarding uniform
standards for licensing and regulation; certain local ordinances and
resolutions inapplicable to licensees; limitations on authority of attorney
general; liberal construction of act.
(a) The legislature finds as a matter of public policy and
fact that it is necessary to provide statewide uniform standards for issuing
licenses to carry concealed weapons for self-defense and finds it necessary to
occupy the field of regulation of the bearing of concealed weapons for
self-defense to ensure that no honest, law-abiding person who qualifies under
the provisions of this act is subjectively or arbitrarily denied the person's
rights. No city, county or
other political subdivision of this state shall regulate, restrict or prohibit
the carrying of concealed weapons by persons licensed under this act
except as provided in
subsections (a)(1) and (a)(2) of
K.S.A. 2009 Supp.
75-7c11, and amendments
thereto. Any existing or future law, ordinance, rule,
regulation or resolution enacted by any city, county or other political
subdivision of this state that regulates, restricts or
prohibits the carrying of concealed weapons
by persons licensed under this act
except as
provided in subsections (a)(1) and (a)(2) of
K.S.A. 2009 Supp.
75-7c11, and
amendments thereto,
shall be null
and void.

(b) Prosecution of any person licensed under the personal and family
protection act, and amendments thereto, for violating any restrictions on
licensees will be done through the district court.

(c) The legislature does not delegate to the attorney
general the authority
to regulate or restrict the issuing of licenses provided for in this act,
beyond those provisions of this act pertaining to licensing and training.
Subjective or arbitrary actions or rules and regulations which encumber the
issuing process by placing burdens on the applicant beyond those sworn
statements and specified documents detailed in this act or which create
restrictions beyond those specified in this act are in conflict with the intent
of this act and are prohibited.

(d) This act shall be liberally construed. This act is
supplemental and
additional to existing constitutional rights to bear arms and nothing in this
act shall impair or diminish such rights.

History: L. 2006, ch. 32, § 17;
L. 2007, ch. 166, § 7; May 3.

75-7c18: Severability.
If any provision of this act or the application thereof to
any person or circumstance is held invalid, the invalidity shall not affect
other provisions or applications of the act which can be given effect without
the invalid provision or application. To this end the provisions of this act
are severable.

History: L. 2006, ch. 32, § 18; July 1.

75-7c19: United States, district and county
attorneys,
attorney
general and assistants; licensure and training requirements.
Any person not subject to the provisions of subsection (a)
of K.S.A. 21-4201, and amendments thereto, under the authority of paragraph (7)
of subsection (c) of K.S.A. 21-4201, and amendments thereto, shall obtain at
their own expense, and maintain a license to carry concealed weapons permit as
authorized by K.S.A. 2009 Supp. 75-7c01 through 75-7c17, and amendments
thereto. In
addition, such person shall complete a firearms training course as determined
by the director of police training of the law enforcement training center.

75-7c25: Orders of involuntary commitment for
treatment of mental illness or alcohol or substance abuse; entry in certain
databases; possession of firearms prohibited, when.
(a) On or before July 1, 2007, every district
court
shall review all
files dated on or after July 1, 1998, concerning mentally ill persons subject
to involuntary
commitment for care and treatment as defined in K.S.A. 59-2946, and
amendments
thereto, or persons with an alcohol or substance abuse problem subject to
involuntary commitment for care and treatment as defined in K.S.A. 59-29b46,
and amendments thereto.

(b) If the court ordered treatment pursuant to K.S.A. 59-2966 or
59-29b66, and
amendments
thereto, the clerk of the court shall report such order
and all available
information identifying the patient including, but not limited to, birth,
gender and race,
to the Kansas bureau of
investigation.

(c) A copy of such orders shall be delivered by the clerk of the court to
the Kansas
bureau of investigation on or before July 1,
2007. The Kansas bureau of
investigation
shall immediately cause the order to be entered
into the appropriate state and federal databases.

(d) The Kansas bureau of investigation shall ensure the accuracy of the
entries and the
court shall ensure the validity of the orders.

(e) After July 1, 2007, all orders of involuntary commitment for care and
treatment pursuant to K.S.A. 59-2966 or 59-29b66, and amendments thereto, and
any orders of termination of discharge shall be immediately forwarded to the
Kansas bureau of investigation for entry into the appropriate state and federal
databases.

(f) Upon a finding that the mentally ill person is a danger
to self or
others, the
court shall notify the mentally ill person subject to involuntary commitment
for care and treatment that it is a violation of the law to possess a firearm.
Upon a finding that a proposed patient is a person with an alcohol or substance
abuse problem subject to involuntary commitment for care and treatment, the
court shall notify the person that it is a violation of the law to possess a
firearm.
Upon release, the state hospital shall notify the patient that it is a
violation of the law for the patient to possess a firearm and provide
information to the patient regarding the restoration procedure.

History: L. 2006, ch. 210, § 11;
L. 2007, ch. 166, § 8; May 3.

75-7c26: Discharge of person involuntarily committed
for treatment for mental illness or alcohol or substance abuse; restoration of
ability to legally possess firearm, when.
On and after July 1, 2007, (a) a person who has been
discharged pursuant to K.S.A. 59-2973 or 59-29b73,
and amendments thereto, may file a petition in the court where treatment was
ordered pursuant to
K.S.A. 59-2966 or 59-29b66, and amendments thereto, for the restoration of the
ability to legally
possess a firearm.

(b) Notice of the filing of such petition shall be served on the petitioner
who
originally filed the
action pursuant to K.S.A. 59-2952, 59-2957, 59-29b52 or 59-29b57, and
amendments
thereto, or the
petitioner's attorney and the county or district attorney as appropriate.

(c) If the court finds the person is no longer likely to cause harm to such
person's self or
others, the court shall issue a certificate of restoration to the person. Such
restoration shall have
the effect of restoring the person's ability to legally possess a firearm, and
the certification of
restoration shall so state.

(d) The certificate of registration issued pursuant to this section shall
only
apply to the
possession of a firearm for the purposes of an alleged violation of subsection
(a)(7) of K.S.A. 21-4204, and amendments thereto.